Risks and regulations for ATV riders when using public roads

BECKLEY, WV (WVNS) — A number of residents in Raleigh and Fayette counties have said they want local police to offer relief from a reported surge in the number of people driving off-road vehicles on public roads.

In some cases, however, it is legal to use ATVs on public roads according to a Beckley Police Department official on Wednesday, July 24, 2024.

In 2020, state lawmakers established a pathway for folks to legally drive ATVs and side-by-sides, or UTVs on public roads, Beckley Police Department Lt. Jason McDaniel said on Monday, July 29, 2024.

“They have to get them registered and they have to be insured,” Lt. McDaniel said. “They have to go along the same rules, they have to have lights, taillights, signals, horns, things of that nature, but the UTVs and ATVs can be legal on the roads of West Virginia.”

At the time lawmakers passed the legislation, West Virginia had one of the highest death rates involving off-road vehicles according to data collected by the Consumer Product Safety Commission.

The data showed that West Virginia officials recorded 106 reported deaths from off-road vehicle accidents between 2017 and 2019.

Lt. McDaniel said on Monday that, although it is now legal to drive an ATV on paved roads and in town, cars and trucks on public roads outweigh ATVs by thousands of pounds, creating an additional hazard for ATV drivers.

“They’re designed for trail use. They’re not designed for the road,” said Lt. McDaniel. “If you’re driving it on the road, and you get in an accident, you could be in trouble.”

In 2021, almost 100,000 all-terrain vehicle riders bought permits to ride the Hatfield McCoy Trail. About a quarter of them spent $500 or more a visit in nearby towns, according to statistics from state officials.

Some local officials in towns bordering the trail have since passed local ordinances which allow ATV riders to drive on city streets without following state laws regarding registration.

Two members of Beckley Common Council, Natalie Coots (Ward 1) and Cody Reedy (At-Large) said on Monday that they were unaware of any City of Beckley ordinance which may ban ATV riders from using public roadways, as long as they were obeying state law.

One Beckley Police Department patrolman, however, said a number of ATV riders who currently utilize public roadways are not following state law.

“There’s very few that are legal,” said Ptl. 1st Class Daniel Cline. “A lot of the side-by-sides are legal now. Very rarely do we see four-wheelers, like actual four-wheelers, that are legal.”

Residents have said they also have seen people driving motorized dirt bikes on public roads.

Lt. McDaniel said the bikes are considered motorcycles under state law and that may not be legal for some to use on public roads.

He said property owners are responsible for regulating those who ride dirt bikes on private property such as sports complexes or trails.

Lt. McDaniel added that state law does not require a minimum age for a person who rides behind the driver on a motorcycle.

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